The Court Structure

This article is basically the hierarchy from which the case passes until the final decision is made. This will make you understand all the superior and inferior Courts placed in the Judicial System.

This structure comprises of TWO categories:

1)CRIMINAL COURT STRUCTURE

2)CIVIL COURT STRUCTURE

So lets get started:

Criminal Court Structure :

Firstly to understand the Court Structure you need the knowledge of Criminal Offences.

There are three main types of Criminal Offences

1. SUMMARY OFFENCES:

Summary offences are the offences such as Minor Assault, Battery, Road Traffic Offences. These are minor offences and are dealt in Magistrates Court.

                2) INDICTABLE OFFENCES:

            Indictable Offences are the offences such as murder and grievous bodily harm. These                                            offences                         

            are serious criminal offences and are heard in Crown Court.

3.  OFFENCES TRIABLE EITHER WAY:

 Offences triable either way are the offences such as Theft, Assault, Occasioning actual bodily 

 harm  and Malicious Wounding. These offences can be heard in Magistrates Courts or in

 Crown Courts depending on the choice of the Accused.

Now lets get to the Court Structure and the procedure of Appeal and the cycle of the cases:

Magistrates Courts are the lowest courts of the land. The accused prefer Magistrates Courts because trials are quicker, cheap and can only sentence 6 months imprisonment or fine up to 5000 pounds.

Crown Courts trials are longer and expensive. The acquittal rate is much higher than that of Magistrates Court and  Crown Court judges are more likely to impose longer Custodial Sentences compared to the Magistrates Courts.

The Magistrates Courts also sit as a youth court when dealing with offenders between ages of 10-18 years. These Magistrates receive special trainings and the hearings are Private.

Pre-Trial matters for all cases begin in the Magistrate Court. At the Preleminary Hearing the Magistrates decides matters such as Legal Aid and Bail. Criminal Procedure Rules have been updated to deal with cases efficiently in order to avoid waste of time. If offences are Triable Either Way and Magistrates Court feels that the sentencing power are insufficient then the case can be committed to the Crown Court for Sentence.

Magistrates are also responsible for issuing of warrants and granting bails. There is presumption in Grant of bail that it is usually granted unless there are substantial grounds for believing that the accused if released on Bail will fail to surrender to custody or will commit an offence whilst on bail or will interfere with the witness or obstruct the course of Justice. The court can grant two types of Bails (1) CONDITIONAL BAIL    (2) UNCONDITIONAL BAIL.

WAYS OF APPEAL :

From Magistrates Courts there are three ways of Appeal:

1. A defendant who has pleaded not guilty may appeal as of rights to the Crown Court against Conviction on the grounds of being Wrongly Convicted or too Harshly Sentenced.
2. Either the Prosecution or the Accused may appeal on the grounds that the Magistrates have made an Error of Law or acted outside their Jurisdiction.
3. One can apply for Judicial Review to the Divisional Court Of Queen's Bench and the Administrative Court of the Magistrate has misunderstood the law or acted beyond his Jurisdiction.

THE DECISSION CAN BE QUASHED OR AFFIRMED. IF IT IS AFFIRMED ONE CAN APPEAL TO SUPREME COURT BUT PERMISSION IS REQUIRED.

Appeals for Cases tried in Crown Courts:

1. An Appeal on grounds that involve the facts, the law or the length of the sentence can be made to the Court of Appeal.
2. Accused can appeal to Court of Appeal and from there either the accused or prosecution may appeal on point of law  to the Supreme Court provided that either Court of Appeal or Supreme Court has granted the permission for the appeal plus Court of Appeal certifies that case involves matter of law of general public Importance.
3. Appeals from the Divisional Courts can be made directly to the House of Lords(supreme court) but permission id required. Either Divisional Court or Supreme Court can grant permission on the basis that appeal raises part of law that ought to be considered.
4. The Supreme Court then hears final appeals and the abolition has marked a clear division between the Judiciary and Legislature.

DEFECTS IN CRIMINAL JUSTICE SYSTEM ARE THAT THE TRIALS ARE SLOW AND EXPENSIVE.        

    

Civil Court Structure:

Magistrates courts are the lowest Courts in land. It hears very few Civil cases such as straightforward family cases , licensing cases and council tax cases.

Lay Magistrates who are not legally qualified and sit in a bench of three, and district judges who sits alone and are legally qualified sit in Magistrates Court.

Appeals regarding taxation matters are heard by the Chancery Division of High Court.

Appeals in family cases are heard by the Family Division of the High Court.

Appeals in licensing cases are made from Magistrates Courts to Crown Courts.

In County Courts cases are heard by circuit Judges and District Judges. This Court hears matters regarding Contract and Tort, except in large value claims and undefended Divorce Cases. County Court was given power equal to the High Court to reduce workload on High Court.

High court has number of divisions:

Family division

Chancery division

Queen's Bench division ( Cases regarding large value claims in contract and tort, shipping cases and judicial review cases )

Appeals from the County Court and High Court can be made to the Court of Appeal Civil Division. In some cases one an appeal directly to Supreme Court although permission is required. Supreme Court hears both Civil and Criminal Appeals but primarily concerned with Civil Cases, Permission which is required for all this is only granted if case involves a part of law of Public Importance which needs to be interpreted.

RECOGNISED DEFECTS IN CIVIL COURTS ARE COSTS, DELAY, AND COMPLEXITY. THESE DEFECTS WERE ALSO RESOLVED RESULTING IN QUICKER, ECONOMICAL JUSTICE AND INTRODUCTION OF FAST TRACK PROCEDURE.

THE MAGISTRATES COURTS AND TRIBUNAL SERVICE ALSO AIMTO DELIVER JUSTICE EFFICIENTLY BY MANAGING THE COURTS AND TRIBUNALS OF BOTH CIVIL COURTS AND CRIMINAL COURTS.